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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of certain services and information |
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related to pregnancy, abortion, and sexually transmitted diseases; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 172 to read as follows: |
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CHAPTER 172. ALTERNATIVES TO ABORTION |
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Sec. 172.001. DEFINITIONS. In this chapter: |
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(1) "Alternatives to abortion organization" means an |
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organization, including a pregnancy counseling organization or |
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crisis pregnancy center, that for a fee or as a free service |
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provides pregnancy counseling or information but does not perform |
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an abortion or refer a female to an abortion provider. The term |
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does not include a licensed health care provider, including a |
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hospital or a family planning clinic, that provides abortions or |
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contraception or provides abortion or contraception referrals. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "Medically inaccurate information" means |
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information not supported by the weight of peer-reviewed research |
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conducted in compliance with accepted scientific methods and |
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recognized as accurate by leading professional organizations and |
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agencies with relevant expertise in the field. |
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Sec. 172.002. LEGISLATIVE INTENT. It is the intent of the |
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legislature to ensure that each alternatives to abortion |
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organization that directly or indirectly receives state money |
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provides factually and medically accurate information to women |
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seeking counseling or information about pregnancy or abortion and |
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to encourage organizations to obtain the information from |
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organizations such as the United States Food and Drug |
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Administration, the Centers for Disease Control and Prevention of |
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the United States Department of Health and Human Services, the |
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American Medical Association, or the American College of |
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Obstetricians and Gynecologists. |
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Sec. 1702.003. RULES. The commission shall adopt rules |
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necessary to implement this chapter. |
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Sec. 1702.004. LICENSE REQUIRED. (a) An alternatives to |
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abortion organization may not provide pregnancy counseling or |
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information unless the organization is a health care facility |
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licensed as required by rules adopted under this chapter or a |
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facility operated under the direction of a licensed clinician or |
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counselor as required by rules adopted under this chapter. |
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(b) An individual may not provide pregnancy testing or |
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counseling on behalf of an alternatives to abortion organization |
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unless the individual has completed the appropriate training and |
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performs the activities under the direct supervision of a licensed |
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clinician or counselor as required by rules adopted under this |
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chapter. |
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Sec. 172.005. FACTUALLY OR MEDICALLY INACCURATE |
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INFORMATION PROHIBITED. An agent of an alternatives to abortion |
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organization may not, with the intent to deter or delay a woman from |
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having an abortion, provide a woman who is seeking counseling or |
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information about pregnancy or abortion with information the agent |
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knows to be factually or medically inaccurate information. |
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Sec. 172.006. NOTICE. An alternatives to abortion |
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organization shall provide written notice to each client on the |
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client intake form and prominently display on the counter or desk at |
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which the organization conducts intakes the following notice: |
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(Name of organization) does not perform abortions or refer |
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women for abortions. |
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You are entitled to receive factual and medically accurate |
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information. For more information, contact the Health and Human |
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Services Commission (insert commission contact information). |
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Complaints against (name of organization) may be filed with: |
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(1) the Health and Human Services Commission (insert |
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commission contact information); or |
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(2) the Office of the Texas Attorney General (insert |
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office contact information). |
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Sec. 172.007. COMPLAINTS. (a) The commission shall |
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display on the commission's Internet website: |
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(1) a toll-free number that may be used to obtain |
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information or make a complaint under this chapter; and |
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(2) a complaint form. |
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(b) The commission shall establish a process to track |
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complaints alleging violations of this chapter. |
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(c) A person who believes an alternatives to abortion |
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organization or an agent of the organization has violated this |
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chapter may file a complaint with the commission or the office of |
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the attorney general. |
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(d) Not later than the 30th day after the date the |
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commission receives a complaint under this section, the commission |
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shall investigate the complaint and determine whether a violation |
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occurred. |
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Sec. 1702.008. AUDITS. The commission shall conduct site |
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visits and periodic on-site program and financial audits of each |
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alternatives to abortion organization that receives state funding. |
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Sec. 172.009. DISCIPLINARY ACTION. (a) An alternatives to |
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abortion organization that violates this chapter is ineligible to |
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receive state funding. |
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(b) If the commission determines an alternatives to |
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abortion organization violated this chapter, the commission shall |
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withhold state money otherwise to be provided to the organization. |
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The organization is liable to the state for any money the |
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organization has already received from the state during the state |
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fiscal year in which the determination is made. The organization is |
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not eligible for state funding before the first anniversary of the |
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date of the commission determination. |
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(c) An alternatives to abortion organization may appeal a |
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commission determination under this section to the State Office of |
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Administrative Hearings. An appeal under this subsection is a |
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contested case under Chapter 2001, Government Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |